Rowell v. . Janvrin
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered June 19, 1894, which affirmed a judgment in favor of defendant, entered upon a decision of the court dismissing the complaint upon trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The law requires the filing of a certificate when the stock is issued in payment for property, as well as when paid in cash.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered June 19, 1894, which affirmed a judgment in favor of defendant, entered upon a decision of the court dismissing the complaint upon trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The law requires the filing of a certificate when the stock is issued in payment for property, as well as when paid in cash. The complaint, alleging the non-filing of such a certificate, is, therefore, sufficient. (L. 1848, ch. 40, §§ 10,11,14; L. 1853, ch.…
1Opinion of the CourtO’Brien, J.
This was an action against a stockholder of a corporation organized under the Manufacturing Act of 1848 to enforce a debt of the corporation, upon the ground that no certificate that the capital stock had been paid in was ever made or filed as required by the tenth and eleventh sections of the act. The complaint was dismissed at the trial on the ground that it did not state facts sufficient to constitute a cause of action, and this ruling, and the exception taken by the plaintiff, raises the only question that need now be considered.
The complaint alleges that the certificate required by the…
2Cases cited23 opinions
- United States v. CookSupreme Court of the United States · 1872
- Harris v. . WhiteNew York Court of Appeals · 1880
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- People v. . KiblerNew York Court of Appeals · 1887
- People v. . BriggsNew York Court of Appeals · 1889
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